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Child Custody When Your Child Has Special Needs

 Posted on December 15, 2023 in Child Custody

IL custody lawyerChild custody proceedings can be stressful for any child and any family. Even children with no disabilities frequently struggle with the changes that accompany family law cases. If your child has special needs, this is likely to be very important in your case. In Illinois, all child custody issues from parenting time to allocating the responsibility to provide health insurance for the child are decided based on the child’s best interests. If you are getting divorced, issues other than child custody might be affected by your child’s needs and each parent’s ongoing efforts toward meeting them. It is important to make sure your Naperville, IL, child custody lawyer understands your child's particular needs so they can help you work towards a final result that reflects your unique circumstances

Common Divorce and Child Custody Issues When the Parties Have a Disabled Child

Allocating parenting time and parental responsibilities can be a bit more involved when the parties are trying to separate from one another while still ensuring their child is well cared for and getting the healthcare they need. Some common issues that affect these parents include:

  • Preventing a move for the child - If your child’s current home is outfitted to accommodate your child, or it would otherwise be difficult for the child to move, you might need to reach an agreement that does not involve selling the home as a means of dividing it. Some families use a unique arrangement in which the child stays in the home always and the parents take turns staying with the child. 
  • Spousal support - If you are getting divorced and one of you cannot work or cannot work full time because you must care for the child, this is likely to be a major factor in the court’s decision on whether to award alimony. 
  • Health insurance - It is likely critical that your child remain covered. One parent can be allocated the responsibility to keep a policy for the child. 
  • Adult expense planning - If your child’s disability is such that they will likely need lifelong care, you and your spouse should consider planning for the expenses your child is likely to incur as an adult. 
  • Educational decision-making responsibility - Parents who have children with special needs often disagree on the best way to educate the child. 

Contact a Naperville, IL, Child Custody Lawyer

Law Office of Ronald L. Hendrix, P.C. is committed to helping parents create the best parenting plan possible. Our caring Will County, IL, child custody attorneys will take the time to understand your child’s needs so that we can provide the best representation possible. Contact us at 630-355-7776 for a complimentary consultation




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